RESTORE PILATES CHICAGO, LLC
Waiver of Liability, Assumption of Risk, and Indemnity Agreement
In consideration of being given the opportunity to participate in any physical activities at or outside Restore Pilates Chicago LLC (“Activity”) I, for myself, my personal representatives, assigners, heirs, and next of kin, executors, and administrators, I hereby agree to release, discharge, and covenant from liability Restore Pilates Chicago LLC and agree not to sue its owners, directors, officers, employees, agents, volunteers, participants, independent contractors, and all other participants, persons or entities acting for them (“Releasees”) on behalf of myself, my children, parents, heirs, assigns, personal representatives, and estate, and also acknowledge and agree to as follows:
I understand the nature of Pilates and physical training and that I am in good health and proper physical condition to participate in such “Activity”. I understand that by entering Restore Pilates Chicago LLC, I attest that I am currently well, not showing any COVID-19 symptoms, and have not been exposed to the best of my knowledge. I have a clear understanding of Restore Pilates Chicago LLC’s protocols and feel comfortable engaging in “Activity’ in this environment.
I understand that Pilates and physical training involves risks and dangers of serious bodily injury including: physical or emotional injury, permanent disability, paralysis, and death. Risks include, but are not limited to: musculoskeletal injuries, broken bones, and/or overuse injuries, injuries caused by equipment that breaks or otherwise fails, resulting from physical activity, and damaged clothing or other property. These risks and dangers may be caused by my own actions or inaction, the actions or inactions of others, the condition in which the “Activity” takes places, or the negligence of the “Releasees”.
I understand there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time. I fully accept and assume all such risks and responsibilities for losses, costs, and damages I incur as a result of my participation in the “Activity”.
I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending Restore Pilates Chicago LLC and that such exposure or infections may result in personal injury, illness, permanent disability, and death. I understand the risk of becoming exposed to or infected by COVID-19 at Restore Pilates Chicago LLC may result from the actions, omissions, or negligence of myself and others, including but not limited to, Restore Pilates Chicago LLC employees, independent contractors, clients, and class participants.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury, including, but not limited to: personal injury, disability, and death, illness, damage, loss, claim, liability or expense, or any kind, that I may experience or incur in connections with my attendance and participation in private, semi-private, or group training at Restore Pilates Chicago LLC (“Claims”).
I agree and warrant that I will examine and inspect each “Activity” in which I take part and if I observe any condition to be unacceptably hazardous, dangerous, or unsafe I will notify the proper authority in charge of the “Activity” and will refuse to take part in the “Activity” until the condition has been corrected to my satisfaction or discontinue participation.
I understand that such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the “Activity”. I expressly accept and assume all of the risks inherent in this “Activity” or that might have been caused by the negligence of the “Releasees”. My participation in this “Activity”, either at Restore Pilates Chicago LLC or at home online sessions is purely voluntary.
I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this “Activity” or else I agree to bear the costs of such injury or damage myself. I represent that I have no medical or physical condition which could interfere with my safety in this “Activity” or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any condition.
I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. I agree I will not use any information I have learned in “Activities” of Restore Pilates Chicago LLC for any commercial purpose and will not disclose such information to others for commercial use.
I agree that if despite this release and waiver of liability, assumption or risk and indemnity agreement, I or anyone on my behalf make a claim against any “Releasees”, I will INDEMNITY, SAVE, AND HOLD HARMLESS each of the “Releasees” from any litigation expense, attorney fees, loss, liability, damage, or cost which in any way incur as a result of such claim.
I understand that payment is due on or before the time services are received. A strict 24-hour cancellation policy is enforced for all private, semi-private, and group classes. I understand that clients are charged the full price of their scheduled session without 24-hour notice. I understand this policy includes the case of illness or accidents.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. I understand “Activity” might not be made available to me or that the costs to engage in this “Activity” would be significantly greater if I were to choose not to sign this release and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understand this document and I agree to be bound by its terms.